Judge warns accused against seeking plea bargains mid-trial
Justice Kalibbala noted an increasing trend of accused persons seeking to negotiate their sentences only after the prosecution has presented witnesses and substantial evidence has already been heard.
Accused persons being taken back to court holding cell after appearing before Justice Kalibbala. The judge warned accused persons against applying for plea bargain mid-trial. (Photo by Hudson Apunyo)
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High Court Judge Sarah Birungi Kalibbala has cautioned accused persons against waiting until the middle of their trials to apply for plea bargains, saying the practice undermines the efficiency of the justice system and wastes valuable court time.
The judge issued the warning while presiding over criminal sessions at the High Court in Lira, where she is currently handling 50 criminal cases involving more than 100 accused persons.
Justice Kalibbala noted an increasing trend of accused persons seeking to negotiate their sentences only after the prosecution has presented witnesses and substantial evidence has already been heard.
"I should remind you, accused persons, this business of having witnesses come, testify and be cross-examined, then you start applying for plea bargain, should stop," the judge said.
"If you want to take charge of negotiating your sentence, consider plea bargaining before witnesses testify," she advised.
Justice Kalibbala said that once the prosecution has closed its case and the court has found that an accused person has a case to answer, the more appropriate option is simply to change the plea to guilty rather than seek a plea bargain.
"After the prosecution has closed its case and you find that you have a case to answer, the best you can do for yourself is to change your plea to guilty," she said.
"The reason is that I have already taken enough evidence, which has consumed the court's time," she said.
Justice Kalibbala reiterated that plea bargaining is designed to save judicial time, reduce the burden on witnesses and expedite the disposal of criminal cases. She urged accused persons and their lawyers to make informed decisions early in the proceedings if they intend to pursue negotiated justice.
"So, if you want to plea bargain, do so before witnesses testify," she concluded.
Plea bargaining has increasingly been embraced by Uganda's judiciary as an alternative dispute resolution mechanism in criminal cases.
It allows an accused person to admit responsibility for an offence in exchange for an agreed recommendation on sentence or, in appropriate cases, a reduction in the charge, helping to ease court backlogs while ensuring justice for victims and offenders alike.